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Hi, my name is John T. Anderson. Welcome to my blog! I have been practicing law in California since 1975 and have been the Chairman of the Estate Planning and Probate Section of the Long Beach Bar Association since the mid-1980s. I'm also certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust and Probate Law. On this blog, you will find articles written by me regarding estate planning and probate in California. Many of these articles address recent changes in the law and summaries of the Long Beach Bar Association’s Estate Planning and Probate Section meetings. I hope that you find these articles helpful. If you would like more information about me or my law office, please visit my website at www.trustlaw.ws or contact my office at 562.424.8619.

Tuesday, March 25, 2014

Attorney Jim Birnberg gave us his annual updates on California Legislation affecting Probate, Estates, Trusts, Guardianships, and Conservatorships for 2014.

Here are my notes from Mr. Birnberg’s presentations back on December 16, 2013, to the Long Beach Bar Association’s Estate Planning, Probate, and Trust section:

I. A) SB 211 - The California Franchise Tax Board (“FTB”), Assessor’s Office, and IRS are in contact with each other. For many years, IRS has said they have access to these records. They now do. So those deeds from parents to children really are gifts to report on Gift Tax Returns (709).

II. A) AB 140 - New definition of “undue influence” and factors to consider. This is to “supplement” the common law definition. Includes excessive persuasion which leads to … resulting in inequity. Adds to things to be considered. Puts the definition in the Probate code as well as Welfare and Institutions code.

C) AB 477 includes notaries in mandated reporting of elder abuse except notaries at financial institutions; or if the information is protected by attorney-client privilege; or if the notary is subject to the reporting requirements under Business and Professions code 6068(e) (1).

III. AB 1275 extends the definition of an owner to file claims for unclaimed property.

B) AB 1160 tightens-up Personal Representative’s authority in litigation. If you intend to participate in litigation as a Personal Representative and not as a stakeholder, get court authority before you participate. You must show good cause.

V. A) AB 937 - Unless specifically ordered by the court or necessary to protect the conservatee from abuse, the authority of a conservator does not extend to the personal rights of the conservatee including, among other things, the right to receive visitors, telephone calls, and personal mail.

B) AB 1339 - Applies to Professional Fiduciaries

VI. AB 824 - To reduce litigation, AB 824 includes trust instruments in the definition of the term “agreement,” which are a final expression of the parties’ agreement, which may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. Prior law included deeds and wills as well as contracts between the parties.

VII. AB 1352- Bill to allow courts to destroy files when no action has taken place for 10 years. Some records will still be retained indefinitely.

VIII. A) SB 274 allows for more than two parents. We used to know who the mother is. Now, with in vitro, maybe not. But now for intestate succession it got more complicated.

B) AB 1403 redefines “natural parent as a non-adoptive parent, whether biologically related to the child or not. Some provisions now to be gender neutral.

IX. SB 138 incorporates HIPAA standards into state law.

X. AB 1339 requires that a petition to appoint a professional fiduciary as a conservator, guardian, or temporary conservator or guardian include fiduciary’s proposed hourly fee schedule or other statement of proposed compensation from the estate.

Also, do so concurrently with filing of the inventory and appraisal. It permits the court to authorize periodic payments on account without precluding the court form later reducing the fee or compensation.

XI. AB 1293 creates a $40 filing fee for requests for special notice in addition to fees for any other filings.

XII. SB 281 affects life insurance; accelerated benefits and lapse.

XIII. AB 261 prohibits residential care facilities for the elderly from requiring advance notice for termination an admission agreement upon the death of a resident. Prohibits accrual of fees once personal property is removed. Prohibits inhibition of removal of personal property.

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DISCLAIMER: The information contained in this website is intended to inform the reader, generally, of issues in estate planning, and not to be the final resource, and should not be considered legal advice. The information is not intended to be all-inclusive. To obtain detailed information or advice regarding a specific legal problem, you should contact a qualified attorney in your geographic area and state. Although Attorneys John T. Anderson, Lisa R. Norman, Erin M. Anderson, and John T. Anderson, Jr. (“Attorneys”) intend that this website be correct, complete and up-to-date, we do not guarantee it to be. It is not intended to be a source of legal advice, thus the reader must seek out specific advice, from competent counsel. Attorneys do not intend links on this website to be referrals or endorsements of the linked entities. No representation is made that the quality of the legal services provided by Attorneys exceeds that provided by other lawyers. To the extent that this website is deemed an “advertisement,” Attorneys advertise only in California and do not seek to represent a person based solely on that person’s visit to this website. Attorneys are licensed to practice law only in California and are willing to appear in courts only in California. Attorneys maintain one office located in Long Beach, California.